Can I Make A Claim for Loss of Consortium After A Car Accident in Georgia?

September 19, 2020

Learning that your spouse was injured in a car accident can be almost as jolting as being involved in an accident yourself. It’s even worse if both you and your spouse suffer injuries in the same car accident. You no doubt know that you can claim compensation for property damage, medical expenses, and lost wages. However, you may not be aware that you can also recover damages for loss of consortium.

This refers to the loss of support and affection you experience because of a spouse’s injuries or death. Under Georgia’s laws, you can be compensated for your husband or wife’s inability to contribute to the marriage and household in the way they did before. If your relationship was negatively affected because of an accident that someone else caused, you may be able to include loss of consortium on your insurance claim. This can help you and your spouse move on from the crash.

Some of the situations that can lead to a loss of consortium claim are:

  • Not being able to communicate with your spouse as you did before the accident
  • Not having anyone to help you care for the children or do chores
  • Having to help your spouse with going to the bathroom and managing hygiene because of their injuries
  • Not being able to enjoy your partner’s company
  • The stress of having to care for your spouse while doing other everyday tasks

You will need to hire an Albany accident attorney to help you build a solid case.

Holding Someone Liable for Your Losses in Georgia

In Georgia, the individual or entity that’s at fault for the accident is liable for the resulting damages. This means that the party or their insurer is responsible for covering the losses suffered by the victims. Even though it may not be as common as other types of damages, loss of consortium is valid.

However, the only way you can get compensation is if you can prove that someone else was negligent in some way. This means they were not displaying the level of care that would reasonably be expected in such a situation. You don’t have to prove that they intended to harm you. However, you do need to prove that they breached their duty towards you and that the breach caused your injuries.

If you or your spouse suffered injuries because of someone else’s actions, you may be able to file a claim for loss of consortium. If you’re not sure about the different types of compensation you can get, you should seek advice from an experienced attorney. Recovering damages can be difficult and you don’t want to leave money on the table.

How Loss of Consortium Damages Are Calculated

Loss of consortium falls into the category of non-economic damages. Unlike lost wages or medical expenses, you won’t have any payslips or receipts to support your claim. Since there’s no obvious dollar value attached to these losses, they’re much more difficult to calculate. However, it’s not impossible.

Your lawyer will help you to present evidence of how the marriage was before the crash. They will then assess how the relationship has changed and determine how much the difference is worth. Depending on the circumstances, your lawyer may seek out an expert to offer testimony that supports your claim.

How A Georgia Car Accident Attorney Will Help You

Most personal injury cases focus on just one individual. However, loss of consortium takes into consideration the suffering of both spouses. It can be hard to convince an insurance company that someone who was not involved in the crash was harmed. Without an attorney on your side, you may not be able to get compensation. Your attorney can assist you with:

  • Negotiating with the insurance company
  • Investigating the crash and gathering evidence
  • Presenting that evidence in the most convincing way
  • Taking the case to court if necessary

Contact Joe Durham Jr. P.C. for a Free Case Review

To get full compensation following a Georgia car accident, you first need to accurately quantify your losses. When you hire an attorney, they will look into all the ways the accident impacted you and your family. This helps to ensure that your claim is as comprehensive as possible. If you want to be sure about the damages you can claim following your accident, reach out to our Georgia car accident attorneys for help. Your first consultation is free and you don’t have to worry about paying us until we get compensation for you.